Substandard Building Abatement after City of Dallas v. Stewart

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1 Substandard Building Abatement after City of Dallas v. Stewart EXAMPLE FORMS* (Note: These forms are meant as examples only. Each city s local legal counsel must review any document to ensure that it conforms to local and state requirements.) Presented at: The Texas Municipal League s Stewart Case Workshop April 6, 2012 Bonnie Lee Goldstein Bonnie Lee Goldstein, P.C. P.O. Box Dallas, Texas Scott Houston General Counsel Texas Municipal League 1821 Rutherford Lane, Suite 400 Austin, Texas *Special thanks to Jennifer Richie, Senior Assistant City Attorney, Irving, for the Chapter 54 pleadings herein. 1

2 CONTENTS General Code Enforcement Procedure: Checklist. 3 Administrative Abatement Checklist 6 Chapter 214 Substandard Structure Abatement Notice Letter. 9 Substandard Structure Example Order. 15 Substandard Structure Example Order Agreed Demolition 18 Property Owner Release for Nuisance Abatement.. 21 Chapter 54 Pleadings. 23 2

3 General Code Enforcement Procedure: Checklist I. INSPECTION OF PREMISE FOR VIOLATION BASED UPON: a. RECEIPT OF COMPLAINT CITIZEN i. MAINTAIN CONTACT INFORMATION OF COMPLAINANT ii. MAINTAIN ANY WRITTEN COMPLAINT RECEIVED iii. INFORMATION ON COMPLAINANT MAY BE CONFIDENTIAL CHECK WITH CITY SECRETARY IF REQUEST FOR INFORMATION MADE BEFORE RELEASE b. PERSONAL OBSERVATION POLICE REPORT i. MAINTAIN LOG/NOTES OF OBSERVATION OR REPORT BY POLICE OFFICER ii. MAY TAKE PHOTOGRAPH OF VIOLATION iii. KEEP NOTES OF ANY CONTACT (PERSONAL OR TELEPHONIC) WITH OWNER OR PERSON WITH CARE, CUSTODY OR CONTROL, INCLUDING STATEMENTS RELATIVE TO THE VIOLATION II. INSPECTION OF INTERIOR OF STRUCTURE a. INITIAL REQUEST OF CONSENT TO SEARCH b. ADMINISTRATIVE SEARCH WARRANTS i. PREPARE PROBABLE CAUSE AFFIDAVIT ii. OBTAIN ADMINISTRATIVE SEARCH WARRANT FROM JUDGE iii. MAY ONLY BE ISSUED TO CODE ENFORCEMENT OFFICER, FIRE MARSHAL OR HEALTH OFFICER III. DETERMINE ALL ORDINANCES VIOLATED VERIFY IN CODE OF ORDINANCES OR WITH ACTUAL ORDINANCE a. IF UNSURE, CHECK WITH CITY SECRETARY ON LATEST ORDINANCE b. CONFIRM WHO IS HELD RESPONSIBLE UNDER THE ORDINANCE c. CONFIRM SPECIFICS OF VIOLATION d. CONFIRM NOTIFICATION REQUIREMENTS BECAUSE THEY MAY VARY WITH SPECIFIC ORDINANCES IV. NOTIFICATION OF VIOLATION a. INFORMAL: VERBAL, DOOR HANGER OR OTHER APPROVED METHOD KEEP RECORDS OF TYPE OF CONTACT. 3

4 b. FORMAL i. WRITTEN NOTICE OF VIOLATION AND NOTICE TO ABATE NOT CITATION/NOTICE OF VIOLATION FOR COURT 1. TIME TO ABATE WILL BE CONSISTENT WITH ORDINANCE 2. INCLUDE ALL REQUIRED STATEMENTS CONSISTENT WITH ORDINANCE 3. NOTICE MUST BE CLEAR AS TO VIOLATION AND ABATEMENT REQUIREMENT ii. ONE YEAR ANNIVERSARY NOTICE IF APPLICABLE V. REINSPECTION AFTER TIME HAS ELAPSED AS STATED IN NOTICE OF VIOLATION a. IF CORRECTED, MAKE NOTATION IN FILE OF DATE AND CONDITION OF VIOLATION b. IF NOT CORRECTED: i. CITATION/NOTICE OF VIOLATION FOR APPEARANCE IN COURT MAY BE ISSUED AND SENT BY CERTIFIED MAIL OR COURT ISSUED SUMMONS ii. TAKE PHOTOGRAPH OF VIOLATION AS OF DATE OF OFFENSE iii. ABATEMENT PROCEEDINGS COMMENCED IF NO HEARING REQUIRED 1. DISCRETIONARY TO CLEAN UP PROPERTY 2. MAY BE BASED UPON BUDGETARY CONSTRAINTS iv. APPROPRIATE ABATEMENT HEARINGS CONDUCTED SEE # VIII. VI. REINSPECTION AFTER CITATION/NOTICE OF VIOLATION ISSUED IF NO CORRECTION, SUPERVISOR SHOULD BE INVOLVED a. DAILY CITATIONS MAY BE ISSUED b. SUBSTANDARD STRUCTURE CIVIL ABATEMENT HEARING SHOULD BE INITITATED. c. SUPERVISOR TO DIRECT WHETHER TO INCLUDE CITY MANAGER, PROSECUTOR OR CITY ATTORNEY IN STRATEGY FOR ABATEMENT OF NUISANCE VII. PROSECUTION a. IDENTIFY ALL POTENTIAL WITNESSES 4

5 b. HAVE PHOTOGRAPHS PROPERLY IDENTIFIED c. BE FAMILIAR WITH ORDINANCE AND NOTICE REQUIREMENTS TO BE ABLE TO CLEARLY ARTICULATE THE VIOLATION AND ORDINANCE REQUIREMENTS d. HAVE COPY OF ORDINANCE/CODE AS PART OF FILE e. CONFER WITH PROSECUTOR RELATIVE TO DETAILS OF OFFENSE VIII. ABATEMENT PROCEEDINGS a. ENSURE ALL NOTIFICATION REQUIREMENTS HAVE BEEN SATISFIED AND DOCUMENTATION EXISTS FOR SUCH NOTICE. i. INCLUDE HEARING DATE ON NOTICE 1. AFTER CONTACTING COURT OR CITY SECRETARY TO ARRANGE FOR HEARING DATE ON REGULARLY SCHEDULED COURT DATE OR COUNCIL MEETING 2. CONFIRM THAT ALL NECESSARY CITY PARTICIPANTS ARE AWARE OF HEARING DATE AND TIME b. PREPARE FOR HEARING i. INCLUDE NOTICES ii. DETAILS OF VIOLATION PHOTGRAPHS iii. COPIES OF ORDINANCE c. ENSURE PROPER AUTHORITY TO ENFORCE ORDINANCE IS INVOLVED IN PROCESS 5

6 Administrative Abatement Checklist I. IDENTIFY PROPERTY AS SUBSTANDARD A. REPORT: a. Identify structural deficiencies based upon minimum standards b. Identify whether property owner-occupied, tenant-occupied, or abandoned B. RECOMMEND: a. Repair or demolition b. Note whether vacation of property is required C. PREPARATION a. ADMINISTRATIVE SEARCH WARRANT b. DOCUMENT INTERIOR AND EXTERIOR OF STRUCTURE c. SPECIFICALLY IDENTIFY MINIMUM STANDARDS AND VIOLATIONS d. PHOTOGRAPHIC AND VIDEO RECORDINGS RECOMMENDED II. NOTICE OF PUBLIC HEARING A. IDENTIFY ALL OWNERS, LIENHOLDERS, MORTGAGEES.BY SEARCHING COUNTY REAL PROPERTY RECORDS COUNTY ASSUMED NAME RECORDS APPRAISAL DISTRICT RECORDS SECRETARY OF STATE CITY TAX RECORDS CITY UTILITY RECORDS B. INFORMATION REQUIRED: (1) an identification, which is not required to be a legal description, of the structure and the property upon which it is located; (2) a statement that the official has found the structure to be substandard with a brief and concise description of the conditions found to render the structure substandard; (3) a statement of the action recommended to be taken, as determined by the official; 6

7 (4) a statement that the owner, lienholder, or mortgagee will be required to submit at the hearing proof of the scope of any work that may be required to comply with the ordinance and the time it will take to reasonably perform the work; and (5) the date, time and place of the public hearing. C. MAIL CERTIFIED MAIL RETURN RECEIPT REQUESTED AND REGULAR MAIL TO ALL LIENHOLDERS, OWNERS, AND MORTGAGEES D. FILE NOTICE IN COUNTY DEED RECORDS E. POST NOTICE OF HEARING PER OPEN MEETINGS ACT F. POST NOTICE IN NEWSPAPER ON OR BEFORE 10 TH DAY BEFORE DATE OF HEARING III. PUBLIC HEARING IV. ACTION AFTER HEARING Administrative body issues order V. AFTER MEETING CITY SECRETARY SHALL A. WITHIN 10 DAYS AFTER DATE OF ORDER 1. FILE COPY OF ORDER IN OFFICE OF CITY SECRETARY 2. PUBLISH IN NEWSPAPER OF GENERAL CIRCULATION A NOTICE CONTAINING: a. STREET ADDRESS OR LEGAL DESCRIPTION OF PROPERTY b. DATE OF HEARING c. BRIEF STATEMENT INDICATING RESULTS OF ORDER d. INSTRUCTIONS WHERE COMPLETE COPY OF ORDER MAY BE OBTAINED 3. MAIL BY CERTIFIED MAIL RETURN RECEIPT REQUESTED A COPY OF THE ORDER TO THE OWNER AND ANY LIENHOLDER AND MORTGAGEE. VI. ACTION UPON ORDER 7

8 a. VERIFY COMPLIANCE WITH ORDER AND TIME FRAMES b. TAKE PICTURES OF PROGRESS OR NON-COMPLIANCE c. PROVIDE PROGRESS REPORTS AS REQUIRED d. ENSURE PERMIT DEPARTMENT ADVISED OF ORDER e. TAKE PICTURES PRIOR TO ANY ABATEMENT, INTERIOR AND EXTERIOR OF STRUCTURE 8

9 Chapter 214 Substandard Structure Notice Letter, 201 CMRRR Subject: NOTICE OF VIOLATION; NOTICE TO ABATE NOTICE TO REPAIR Repair and/or Demolition of Structures located at 975 W. Drive,, Texas 75 a/k/a Lane,, Texas 75 Legal Description: Lot, 1.85 acres, Addition (single story residential/commercial structure) NOTICE OF HEARING:, 201_, 7:00 P.M. 123 W. Drive,, Texas 75 Dear : According to the real property records of County, and appropriate records of the Secretary of State, Central Appraisal District, tax rolls, among others, LLC is the owner, or a lienholder or mortgagee of the real property described in this notice. If you no longer own or have interest in the Property, you must execute an affidavit stating that you no longer own or have an interest in the property and stating the name and last known address of the person who acquired the property from you. The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. If you do not send the affidavit, it will be presumed that you own or have an interest in the property described in this notice, even if you do not. Chronology of Events The final plat of the property was filed on or about. The plat reflects uses of a on Tract (the Property ), and general business or commercial on the front three lots, which are currently vacant. The City s Zoning Map indicates that the property is zoned. It has been used for at least the last decade as a with no change 9

10 of use officially approved, or certificate of occupancy granted. The City has treated the Property as a legal non-conforming use. On or about, 201_, inspections were conducted, and an Administrative Order issued by the Fire Marshal. Subsequent to the issuance of the Fire Marshal s Administrative Order, the Building Official who inspected the Property on, 201_, through consent to inspection by the property owner s on-site representative. Several meetings have been conducted between City staff and the property owner s representative to identify the violations and requisite compliance to meet the minimum standards. Chapter 214 Notice of Violation and Notice to Abate This letter is your official notice of violation and order to abate the violations located at 975 West Drive,, Texas 75. (the Property). The City s Building Official, Fire Marshal and Code Enforcement/Compliance Officer have found the structure to be substandard based upon violations of the minimum standards adopted under the 2006 Building Codes (building, fire, electrical, plumbing, and mechanical) in the following particulars: 1. The Fire Marshal s Administrative Order is attached hereto and outlines findings from inspections on, 201_ and actions required. On or about, 201_, due to the determination that serious life safety hazards existed on the property, electrical service to the Property was terminated. Violations evidenced by the Order, the attached code references, and photographic evidence include but are not limited to the following: a. Fire Lane drawn to only 15 wide; 20 required. b. No electrical inspections or permits for any installations of AC or wiring extensions. c. Fire hazards evidenced by i. wires passing through the framing with insulation missing all the way to the copper wiring. ii. Extension cords used for permanent wiring and power source, extending circuit, no load calculations. iii. Extension cords wired to non-approved circuits iv. Light fixtures hanging on wires with no support create a risk of arcing. v. Exterior fixtures, unprotected, exposed wiring, risk of arcing. vi. Exposed wiring in units with improperly stored combustibles vii. Mixed paint improperly stored, IFC Sec viii. 900 amp battery hooked up with 14 gauge wire ix. Toaster oven used as heating element, close to combustibles, not on a permitted circuit. x. High Piled Storage IFC Sec. 315 d. Electrical Panels and Improper wiring: NFPA 70, 250.4, IFC

11 i. No blank covers or protective covers ii. panel not properly grounded, iii. installed with no permits and no inspections. iv. Panels not sealed properly allowing animals/insects to enter and build nests. v. Four circuits under one lug on breaker. vi. No GFCI. vii. Additional circuits added without permit or load calculations. viii. Electrical receptacles/plugs held in place with tape. ix. Outlet installed without junction box e. NFPA 70 i. Abandoned wiring not removed from raceway. ii. Not approved wiring method, unprotected, frayed wires, in unapproved locations 300.4(B) iii. Conduit to AC units not approved for exterior use and circuit extended without load calculations iv. Refrigerator overloads circuit designed only for lighting. f. NFPA 70, (B) i. Panel improperly installed, without permit, grounding no means of disconnect the main power in an emergency. ii. Main wiring of panel installed without conduit from meter. g. Defective Equipment NFPA 70, (F) i. Main breaker handle broken off, not functional. ii. Breakers require additional fastener, double lugged not approved. iii. Back fed devices require additional fastener. iv. No knock out cover v. Wiring not approved for exterior use 2. As the Building Official, I inspected the Property on, 201_, and generated an additional Administrative Order with reference to identified substandard conditions, constituting violations of specific minimum standards, which are unsafe under the 2006 Building Code and National Electrical Code. I have also reviewed the Fire Marshal s Administrative Order and photographs and confirmed the identified violations based upon my own visual observation. Based upon the inspection, the structures are deemed to be unsafe and substandard and unfit for human habitation, and constitute a public nuisance for failing to comply with the minimum standards as outlined in Section, Article of the City Code of Ordinances, and the referenced sections of the 2006 International Building Code ( IBC ), 2006 International Plumbing Code ( IPC ), 2006 International Mechanical Code ( IMC ) and the 2005 National Electrical Code ( NEC ), including but not limited to: a. Structural: Chapter 16, IBC i. Removal of load bearing walls, altering the structure and adversely affecting the structural integrity due to visible sagging of the ceiling where the walls were once located. 11

12 ii. A double header was cut in half on the exterior load bearing wall to install an electrical switch, thereby compromising the interior and exterior load bearing walls. iii. Wall removed, 3 sag observed, center of units, raises structural concern. iv. Interior walls have been removed without determination as to whether the same are load bearing and/or have affected the structural integrity of the buildings; dead loads, live load. v. Exterior Walls show deterioration and rotting wood. vi. See Administrative Order. b. Remodeling of the structure and restrooms has occurred without permit, both in the last 6 months and over time since initial construction of the miniwarehouses. IBC, i. The restrooms have been modified without permits. ii. Despite notification, new restroom constructed without permit, electrical system altered, plumbing system altered, not ADA compliant. iii. The structure(s) have been modified without permits; specifically, personnel doors have been added, and individual units enlarged, walls removed without permit or inspection. c. Mechanical i. Air condition unit installed without a permit or inspections. Permits. IMC ii. See Administrative Order for HVAC. d. Electrical: i. Hand dryers added in restrooms with no permit, no load calculations, and no inspections. ii. See Administrative Order and Fire Marshal s Administrative Order. e. Plumbing: Violation of IPC 2006, Section 403, Minimum Plumbing Facilities i. Restrooms installed without inspection; require exposure of plumbing for inspections. ii. Plumbing for new toilet installed without permit or inspection. iii. Sink installation with no hot water, no pipe wrap, not approved venting, not ADA compliant, no inspection, no permits iv. Due to lack of inspection, no determination of approved solid waste disposal. v. See Administrative Order 3. Additional Code of Ordinance violations that exist on the property are as follows and are more fully set forth below: a. Parking on Unimproved Surface. Parking has occurred from the paved surface to on the tracts identified on the plat as general business, that are unimproved surfaces, causing mud to create hazardous conditions on the Interstate during wet weather, and additional drainage problems for the Property and adjacent properties. Ord No. Sec.. 12

13 i. Remedies required include engineered plans for parking, including a drainage study. ii. Parking improvements required to meet City and ADA requirements for grades, dimensions and construction. iii. See Building Official s Administrative Order b. Sign on one unit indicates improper use. Se arreglan lavadoras y secadoras indicates that the repair of washers and dryers is being conducted on premises, which is not a permitted use on the Property. c. Conducting sales without a sales tax permit. Ord. No.. d. Work performed without inspection. Work for which a permit is required shall be subject to inspection by the building official and work shall remain accessible and exposed for inspection purposes until approved. IBC My findings, based upon personal inspections, investigations, and observations, as referenced above and in the attached Administrative Order, reflect that such repairs made to the structural elements of an existing building and uncovered structural elements have been found to be unsound or otherwise structurally deficient, therefore, in accordance with Section of the 2006 International Building Code, such elements shall be made to conform to the requirements for new structures. See also, Code of Ordinances Section. (a structure deemed substandard must be repaired to minimum standards enumerated in the current building code). See also Section 115, IBC relative to the declaration of unsafe structures by building official. Further, such fire, electrical, plumbing, mechanical, and structural violations make the property uninhabitable therefore, the Fire Marshal has declared the structures to be of life safety concerns and the Building Official is declaring the structure to be substandard, constituting a public nuisance and is ordering that the structure be demolished, unless you provide proof at time of the hearing of the ability to repair, including financial ability, scope of work and time necessary to complete the work. The Building Official concurs with the Fire Marshal s determination to terminate electrical service to the Property, and would have done so in accordance with his authority under Section 111, IBC. Please be advised that as the structures in questions are commercial buildings and facilities, open to the public, prior to any renovation or dismantling, an asbestos survey will be required consistent with 25 TAC 295, Subchapter C and the Texas Asbestos Health Protection Act, Tex. Occupations Code, Chapter 1954, and the same should be submitted with any scope of work proposed hereunder. A hearing has been set for, 201_, at, 123 West Drive, at : p.m., wherein you as the owner, lien holder, or mortgagee will be required to submit proof of the scope of any work that may be required to comply with the City s Ordinances and the time it will take to reasonably perform the work. FAILURE OF THE OWNER AND/OR LIENHOLDER OR MORTGAGEE TO TAKE THE ORDERED ACTION MAY RESULT 13

14 IN THE CITY TAKING THE ORDERED ACTION AND FILING A LIEN AGAINST THE PROPERTY. We appreciate your continued cooperation and prompt attention to remedying the nuisances on the property. Please do not hesitate to contact me should you have any additional questions, comments or concerns relative to the above. Sincerely, Building Official City of Cc: City Manager, City Attorney, 14

15 Substandard Structure Example Order ORDER NO. AN ORDER OF THE CITY OF CITY COUNCIL WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURES LOCATED AT,, TEXAS WHEREAS, the City Council for the City of conducted a public hearing on, 20_, wherein the structures located at, Texas, ( Property ) was agenda item number., legal description being:. WHEREAS, the City Council specifically finds that all proper notices have been sent consistent with City Ordinances; and WHEREAS, based upon the evidence presented, the City Council finds that the Property is in violation of the ordinances relative to substandard structures under Article of Chapter, of the City Code of Ordinances; and WHEREAS, the City Council finds that the structure is unoccupied and has been secured against unauthorized entry; and WHEREAS, the City Council finds that the interior of the structure contains nuisance conditions that constitute a hazard to the health, safety, and welfare of the citizen and likely to endanger persons and property; and WHEREAS, the City Council takes notice of and incorporates all evidence presented to the Commission, including the issuance of notices, for its consideration of this matter and incorporates the same into the body of this Order for all purposes WHEREAS, based upon the evidence presented, the City Council finds that the Property is in violation of the ordinance; and WHEREAS, the City Council finds that the main structure is dilapidated, substandard and/or unfit for human habitation, constitutes a hazard to the health, safety and welfare of the citizen and likely to endanger persons and property; and THEREFORE, IT IS HEREBY ORDERED BY THE CITY COUNCIL CITY OF THAT: 1. The owner is hereby ordered to repair, remove or demolish the structure located at by no later than days from the date of this Order; 15

16 2. The owner has requested, and the City Council is permitting the owner days to conduct the repairs. Since the City Council is permitting more than 30 days to repair, remove, or demolish the structure, the following specific time schedule is established for the commencement and performance of the work, a. By no later than, owner must pull the following permits: b. By no later than, owner must secure the property against unauthorized entry. c. d. 3 The property owner or lienholder report to the City the progress on the performance of the work to be performed by ; 4 The owner must secure the property against unauthorized entry by no later than and while the work is being performed as determined by ; 5 No work be performed until such time as a permit is issued consistent with City ordinances; 6 An asbestos study be conducted and submitted to the state and city for approval prior to performing any work ordered herein; 7 All work to be performed be conducted consistent with City ordinances, state and federal regulations and statutes; 8 The structure be vacated; 9 No person or entity may occupy the structure until such time as a final inspection is conducted and certificate of occupancy issued; 10 A sign be posted at the front and rear entrance to the property in substantially similar form: SUBSTANDARD BUILDING - DO NOT ENTER UNSAFE TO OCCUPY; 11 Should the owner, lien holder, or mortgagee fail to do so within the time frame ordered, the City may do the ordered work, and place a lien on the property in accordance with applicable law. 12 Should the property owner violate the terms of this order, that the City may seek administrative penalties in an amount not to exceed $1000 per day. 13 The owner must remove and abate all nuisance conditions within the interior of the structure no later than thirty (30) days from the date of the Order, or 20, that are the source of the public nuisance, specifically, and other hazards to the community as depicted in photographs submitted into evidence before the City Council. 14 The owner pull the appropriate permits within days of this Order to commence the repairs of the following:. 15 The City Council has heard evidence presented by the owner that he work cannot reasonably be completed within 90 days due to the scope and complexity of work; therefore, the City Council is accepting the detailed 16

17 plan and time schedule for the work, which detailed plan and schedule of work is hereby approved and attached hereto as Exhibit This property be brought back to the City Council for review at the next scheduled meeting to ensure compliance with this Order. 17 The owner must allow entry to city staff no later than to inspect the interior of the property. The grass must be cut no later than the close of business on, 200_. The cars, debris, tires, and other hazards to the community be removed no later than, 20_. 18 This property be brought back to the Council for review at the next scheduled meeting. Failure to take the ordered actions within the specified time may result in the city taking requisite actions to remove any unsafe or unsanitary conditions and establish a lien on the property. Whatever actions are necessary for the staff to gain entry should be taken and/or to include administrative judicial action. 19 The owner of the property, and/or any lienholder or mortgagee, must demolish the structure located at,, Texas, and eliminate all unhealthy and unsafe conditions within thirty days of this order, including cleaning and grading the property. Failure to take the ordered actions within the specified time may result in the City taking requisite actions to demolish the structures, clean and grade the lot, and establish a lien on the property without further notice or hearing. 20 The City Secretary shall file a copy of this order with the City within 10 days of the date of this order and publish in a newspaper of general circulation the street address/legal description of the Property, the date of the hearing, a brief statement of the results of this order and provide notice that a copy of this order and the minutes of the meeting may be reviewed and/or obtained during regular business hours in the office of the City Secretary. ORDERED THIS DAY OF, 20, Mayor, City Secretary 17

18 Substandard Structure Example Order Agreed Demolition ORDER NO. AN ORDER OF THE CITY OF CITY COUNCIL WITH REGARD TO THE ABATEMENT OF THE SUBSTANDARD AND DANGEROUS STRUCTURES LOCATED AT 975 W. DRIVE,, TEXAS 7 Legal Description: Lot, acres, Addition (three single story structures) WHEREAS, the City Council for the City of noticed conducted a public hearing on, 201_, wherein the structures located at 975 Drive,, Texas 7 : Legal Description: Lot, acres, Addition (three single story structures) ( Property ) was agenda item number ; and WHEREAS, the Property Owner, after receipt of the Chapter 214 notification, determined that it is not economically feasible to bring the structures up to the minimum standards; and WHEREAS, the City Council and the Property Owner agree that the Property is in violation of the ordinances relative to substandard structures under Article II of Chapter 14, Substandard Buildings of the City Code of Ordinances; and WHEREAS, the City Council finds that the structure is unoccupied and has been secured against unauthorized entry; and WHEREAS, the City Council takes notice of and incorporates all evidence presented, including the issuance of notices, the minimum standards violated as set forth in the Administrative Orders and Reports attached to the Chapter 214 letter dated, 201_, for its consideration of this matter and incorporates the same into the body of this Order as specific findings of fact for all purposes; and WHEREAS, based upon the evidence presented, the City Council finds that the Property is in violation of the minimum standards required by applicable ordinances; and WHEREAS, the City Council finds that the Property is dilapidated, substandard and/or unfit for human habitation, constitutes a hazard to the health, safety and welfare of the citizen and likely to endanger persons and property; and THEREFORE, IT IS HEREBY ORDERED BY THE CITY COUNCIL CITY OF THAT: 3. The owner must remove and abate all nuisance conditions within the interior of the structure no later than thirty (30) days from the date of the Order, or 201_, that are the source of the public nuisance, specifically, 18

19 and other hazards to the community as depicted in photographs submitted into evidence before the City Council. 4. The owner pull the appropriate permits within days of this Order to commence the repairs of the following:. 5. The owner has requested, and the City Council is permitting the owner 90 days to conduct the demolition. The owner has requested the 90 days in order to contact tenants and permit them sufficient time to remove personal property. 6. The owner is hereby ordered to demolish the structure no later than 90 days from the date of this Order, or by, 201_. 7. Since the City Council is permitting more than 30 days to demolish the structure, the following specific time schedule is established for the commencement and performance of the work, e. By no later than, 201_, owner must submit an application for a demolition permit. f. By no later than, 201_, owner must secure the property against unauthorized entry. g. By no later than, 201_, and, 201_, the owner must submit a progress report on notification of the tenants and percentage of removal of personal items. 8. The City Council has heard evidence presented by the owner that he work cannot reasonably be completed within 90 days due to the scope and complexity of work and the need to contact tenants to remove personal property; therefore, the City Council is accepting the time schedule for the work. 9. This property be brought back to the City Council for review at the, 2011 and, 2011, regularly scheduled meeting to ensure compliance with this Order. 10. The Owner must secure the property against unauthorized entry while the work is being performed as determined by the Building Official. 11. Failure to take the ordered actions within the specified time may result in the City taking requisite actions to demolish the structures, clean and grade the lot, and establish a lien on the property without further notice or hearing. 12. The City Secretary shall file a copy of this order with the City within 10 days of the date of this order and publish in a newspaper of general circulation the street address/legal description of the Property, the date of the hearing, a brief statement of the results of this order and provide notice that a copy of this order and the minutes of the meeting may be reviewed and/or obtained during regular business hours in the office of the City Secretary. ORDERED THIS DAY OF, 201 Mayor 19

20 City Secretary 20

21 Property Owner Release for Nuisance Abatement RELEASE BY PROPERTY OWNER FOR NUISANCE ABATEMENT The undersigned, being the owner or owners of the real estate located in the City of, Texas, described as follows: ADDRESS: LEGAL DESCRIPTION: PROPERTY TAX NO.: Hereby recognize that there is situated on such real estate a nuisance, to wit: {substandard structure; stagnant water in swimming pool, junked vehicle], as that term is defined by applicable ordinances of the City of, Texas, and hereby request that the City of abate such nuisance by [demolishing the structure and cleaning and grading the surface ]. I understand that I am entitled to a public hearing wherein I may present proof of compliance with City ordinances. By my signature below I hereby waive my right to the public hearing and admit that the [structure, swimming pool, junked vehicle] constitutes a nuisance and constitutes a danger to the public health, safety and welfare. And in consideration therefore, I/we hereby release the City of, its agents, servants, representatives, officials, officers and employees from any and all liability that arises or may arise from the abatement of the nuisance, including [any damage to other structure, vegetation, trees; any damage resulting from the pool floating out of the ground due to hydrostatic pressure]. The City of agrees to abate the nuisance [demolishing the structure, cleaning and grading the surface; by draining all water from the swimming pool.] It is further agreed that the City shall have a lien on the above referenced property to recoup the total cost of the abatement, including any administrative charges and any other charges incurred by the City in abating the nuisance. EXECUTED this day of, 20. OWNER ADDRESS 21

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